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RESOLUTION NO. 1941
A RESOLUTION OF THE PLANNING AGENCY OF THE
CITY OF TUSTIN, GRANTING AUTHORITY TO VARY
WITH THE REQUIREMENTS OF THE PLANNED DEVELOP-
MENT DISTRICT AND PERMITTING THE CONVERSION OF
THE SAN JUAN APARTMENT PROJECT TO CONDOMINIUMS.
The Planning Agency of the City of Tustin does hereby resolve as fol-
lows:
I. The Planning Agency finds and determines as follows:
A. That a proper application (Variance 80-19) was filed on be-
half of R.S.F. Associates, requesting authorizatiOn to vary
with the requirements of the Planned Development District
(PD) to convert the Rancho San Juan Apartments at 13722 Red
Hill Avenue to residential condominiums.
B. That a public hearing was duly called, noticed and held on
said application.
C. That because of special circumstances applicable to the sub-
ject property, relative to size, shape, topography, location
or surroundings, a strict application of the Zoning Ordinance
is found to deprive the subject property of privileges en-
joyed by other properties in the vicinity and under identical
zone classification, evidenced by the following findings:
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The use is in conformance with the land use element of
the Tustin Area General Plan.
The site was previously a portion of an unincorporated
island which, during annexation proceedings, was the
subject of a pre-annexation agreement approved by the
City Council on December 15, 1980 regarding the subject
proposal as would have been acted on by the County.
D. That the granting of a variance as herein provided will not
constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and dis-
trict in which the subject property is situated.
E. That this project is categorically exempt from the require-
ments of the California Environmental Quality Act.
F. That the granting of the variance as herein provided will not
be contrary to the intent of the Zoning Ordinance or the pub-
lic safety, health and welfare, and said variance should be
granted.
G. Proposed development shall be in acordance with the develop-
ment policies adopted by the City Council; Uniform Building
Codes as administered by the Building Official; Fire Codes as
administered by the Orange County Fire Marshal; and street
improvement requirements as administered by the City Engi-
neer.
H. Final development plans shall require the review and approval
of the Community Development Director.
II. The Planning Agency hereby grants a variance as applied for, to
authorize the conversion of the Rancho San Juan Apartments to
condominiums, subject to the following conditions:
A. Condominium sales shall begin 12 to 24 months from the close
of escrow, with written notice to be given to tenants 120
days prior to sales.
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Planning Agency
Resolution No. 1941
page 2.
B. Residents that lived in the apartments as of November 18,
1980 will receive a rent freeze effective January 19, 1981 up
to the time of condominium sales.
C. Residents that moved in after November 18, 1980, or residents
that move from one unit to another will pay the existing rent
schedule. The rent schedule shall be furnished to the
Community Development Department.
D. The refurbishing of the following items shall be a
minimum requirement.
Outside: Ail buildings shall be painted, all roofs shall be
in good repair and certified. Pool area sauna and
jacuzzi shall be upgraded. All landscaping shall be
upgraded after plans are approved by the Community
Development Director. The parking shall be upgraded
from 144 spaces to 171 spaces.
Inside:
New carpet, new kitchen and bath flooring, interior
painting, and a one-year warranty on all appliances
and air conditioners shall be provided.
E. The residents as of November 18, 1980 shall be given the
option to purchase their unit at fair market value less 5%
with option to purchased good for 12 to 24 months. An
appraisal shall be made by an M.A.I. during the first quarter
of 1981 to determine the "fair market" value for each unit.
F. Residents that moved in the apartments after November 18,
1980 shall be given the option to purchase their unit at fair
market value.as of the first quarter of 1981 with no
discount. This option price for the 12 to 24 month period
may be increased equal to the increase of the median income
in Orange County.
G. Ail units that are sold to the public may be sold at the fair
market value at the time of the sale.
H. The terms of purchase shall be 10% down payment with R.S.J.
to"buy" best interest rate during the 12 to 24 month period.
I. R.S.J. Associates shall retain up to 25% of the units as
rentals while offering them to senior citizens as a priority.
The units shall be retained for at least four (4) years from
the date of sales. The rents for these units may rise in
accordance with the Los Angeles County Rent Control Board.
ceilings which is currently at 7% per annum. After the four
year period the units may be sold at fair market value or
rents allowed at market rate.
J. R.S.J. Associates shall provide relocation expenses up to
$750.00 per unit in accordance with Ordinance No. 822. Only
residents that lived in the apartments prior to November 18,
1980 are eligible.
K. Three to five units shall be retained for the handicapped and
shall be modified to accommodate the handicapped.
L. 25% of the units shall be reserved for residents earning 80%
or less of median income for a 30-year term under The State
of California Co-Owner Program (AB 333).
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Planning Agency
Resolution No. 1941
page 3.
M. Up to 25% of the units shall be reserved in a private
co-ownership program sponsored by Home Equities Management
Company for residents earning 80% to 120% of the median
income range for a four (4) year term.
N. Deed restrictions on sales: No unit may be sold for a period
of three (3) years following initial sale at a price increase
greater than the rise in median income in Orange County.
After that, units may be sold at market rate.
O. Installation of street trees along both frontages to meet the
City's master plan.
P. Construction and/or replacement of all missing or damaged
public improvements along both street frontages.
Q. De-annexation of area from the County Lighting District No.
13 and annexation to the Tustin Lighting District.
R. Modification of 6' high block wall at San Juan entrance/exit
to provide improved visibility of pedestrians.
S. Installation of Marbelite street lights with underground con-
duit along the Red Hill Avenue and San Juan Street frontages
of the development.
T. Filing of a tentative and final tract map.
U. A marketing/monitoring plan shall be submitted to the Com-
munity Development Department by the developer, stipulating
the marketing methods, sales program qualifying procedures,
reporting method to determine compliance with goals and con-
ditions, and other pertinent data as may be required to as-
sure effectuation of the affordable housing program as pro-
posed.
V. Except as otherwise excepted by the approval of this vari-
ance, all provisions of Ordinance No. 822, Condominium Con-
versions, shall be complied with by the developer.
W. Provide an on-site fire hydrant per standards of the Orange
Fire Marshal.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Agency,
held on the 19th day of January, 1981.
/~~ day of~//~ ~ ,1981.
M.I. Mehl
Recording Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, MADELINE I. MEHL, the undersigned, hereby certify that ~ am
the Recording Secretary of the Planning Agency of the City of
Tustin, California; that the foregoing Resolution was duly passed
and adopted ac a regular meeting of the TusCin Planning Agency,
M.I. Mehl
Recording Secretary
Tustin Planning Agency